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10/12/93 SBO:LMS:ca DJ XX (b)(6) XX (b)(6) XX Hutchinson correctional Facility Hutchinson, Kansas Dear XXX (b)(6)

This letter responds to your letter requesting our assistance on the application of title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ​ 12131-12134, to a State correctional facility's responsibilities to provide program access. In particular, you seek advice on whether title II requires that a State correctional facility provide wheelchairs to inmates with mobility impairments. The ADA authorizes the Department of Justice to provide technical assistance to individuals who have rights under the Act. This letter provides informal guidance to assist you in understanding how the ADA applies to the questions you present. This technical assistance, however, does not constitute a determination by the Department of Justice of your or other's rights under the ADA and is not a binding determination by the Department of Justice. A correctional facility may not deny the benefits of its programs, activities, and services to inmates with disabilities because its facilities are inaccessible. A correctional facility's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a correctional facility. See section 35.150 of the enclosed title II regulation issued by the Department. A correctional facility, however, does not have to take any action that it demonstrates would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. Such considerations may.

cc: Records CRS Chrono Friedlander Stewart. XX (b)(6)3. ltr, FOIA 01-02667 ​ -2include the particular needs for security and safety in the prison setting. This determination must be made by the head of the correctional facility or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burdens would result must be based on all resources available for use in the correctional program. If an action would result in such an alteration or such burdens, the correctional facility must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity. With reference to your specific questions concerning the provision of wheelchairs and attendants, 35.135 of the title II regulation states the general principle that personal devices and services are not required. The preamble to the regulation, however, notes: A public entity is not ... required to provide attendant care, or assistance in toileting, eating, or dressing to individuals with disabilities, except in special circumstances, such as where the individual is an inmate of a custodial or correctional institution. See enclosed preamble to title II regulation at page 35705 (emphasis added). Thus, in appropriate circumstances, it may be necessary to provide a wheelchair and/or attendant to allow an inmate to use a wheelchair. This would be based on an individualized assessment of the individual's need for such services. I hope this information is helpful to you. Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section

Civil Rights Division Enclosure

01-02668